The Night and Fog Decree (Nacht und Nebel)

(December 7, 1941)

The Fuehrer and Supreme Commander
of the Armed Forces

[stamp] SECRET

Directives for the prosecution of offences committed
within the occupied territories against the German State or the occupying
power, of December 7th, 1941.

Within the occupied territories, communistic elements and other circles
hostile to Germany have increased their efforts against the German State
and the occupying powers since the Russian campaign started. The amount
and the danger of these machinations oblige us to take severe measures
as a determent. First of all the following directives are to be applied:

I. Within the occupied territories, the adequate punishment for offences
committed against the German State or the occupying power which endanger
their security or a state of readiness is on principle the death penalty.

II. The offences listed in paragraph I as a rule are to be dealt with
in the occupied countries only if it is probable that sentence of death
will be passed upon the offender, at least the principal offender, and
if the trial and the execution can be completed in a very short time.
Otherwise the offenders, at least the principal offenders, are to be
taken to Germany.

III. Prisoners taken to Germany are subjected to military procedure
only if particular military interests require this. In case German or
foreign authorities inquire about such prisoners, they are to be told
that they were arrested, but that the proceedings do not allow any further
information.

IV. The Commanders in the occupied territories and the Court authorities
within the framework of their jurisdiction, are personally responsible
for the observance of this decree.

V. The Chief of the High Command of the Armed Forces determines in
which occupied territories this decree is to be applied. He is authorized
to explain and to issue executive orders and supplements. The Reich
Minister of Justice will issue executive orders within his own jurisdiction.